Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1887-04-28
THE PRESIDENTIAL FOOT
PUT DOWN RATHER VIGOROUSLY IN
LAMAR'S DEPARTMENT.

Land Case That WIN Make Sparks
Secretary and Attorney General Given
Few Points In the Matter of the
Miuer-Northern Pacific Claim.
WASHINGTON CITY, April Is. -Presi-
dent Cleveland has sent letter to the secre-
tary OF the interior respecting the contro-
versy between Guilford Miller and the
Northern Pacific railroad about tue owner
ship of some land lying within the indem-
nifty limits. The controversy has beeu pend
ing before the interior department for sew
eral years, and when finally adjusted will
probably establish a precedent for the settle
ment of many similar cases
The case is briefly as follows: Miller filed
his claim to the land in question Dec -,
1884. The company claims that the land in
dispute was selected as indie unity land by
the company Dec. ~ 1883 But Miller
claims to have settled upon and begun i'm
proving and cultivatlng the land III 1878.
Opposed to this claim is the fact that the
lands in which Miller's claim is included
were ithdrawn from settlement iii 1872, to
provide tract from which the railway COM
pany could indemnify itself for
lands in the original grant which
were held by valid claims of
settlers. aud tho attorney gene raj is of the
opinion that tins withdrawal was eifectual
as against Mliler's claims. Thus, the presi-
dent says, vast tract of land was reserved
from settlement tor tue benefit OF the rail-
way for fifteen yearS-tha said railway dur
ing all that time having no fixed, certain or
definite interest in the lands SO reserved, a
policy which has thwarJed the Intentions of
the laws in relation To The pubic domain Tor
all these years. The president then says:
There seems to be no evidence presented
showing now much, II any, Of ghfs vast tract
| Is necessary Tor the luiiiInent of the grant
to the railroad COMPANY, nor docs there ap-
pear to be any limitation Of the time within
which this fact shouii oe made known and
the corporation obliged to make lis selection
After lapse OF fifteen years this large body
OF tile public domain Is still hell in reserve
to the exclusion of the settlers, for the con-
venience or a corporate beneficiary of the
government and awaiting It's selection,
Though ii is entirely certain that much of
this reserved land can never he honestly
claimed by said corporation. Such a conoli-
| ton of the public Ian Is should no longer
continue. SO far as 1t is the result of exeru-
tive rules AMI methods these should b. aban-
doneG, and 50 far as it Is a consequence of
improvident laws these should bc repealed or
amended.
In the case under consideration | assume
that there is an abundance of land within
the area which has been reserved for indem-
nifty, in which no citizen or settler has legal
or equitable interest, for all purposes of such
decentralization 10 the ratrua COmpany-if
-, l. L.
understand, too, that selections made by such
corporation are not complete and effectual
until the same have been approved by the
secretary of the interior or uuesS they are
made in the words OF the statute under his
direction You have thus far taken no
action IN this matter; and 1t seems to me
that You are in II condition to deal with the
subject n such manner as to protect this
settler from hardship AMI loss
suggest that you exercise the power and
authority You have IN the premises upon
equita bic considerations with every preSump-
ton an iniendment IN favor of the settler;
and in csse you ini this corporation is en-
titled to select any more of these lands than
it has already acquired. that YOU direct it to
select in lien Of the laniupou which Mr. Mil
Ter has settled, other lani within the limits
of this indemnity reservation upon which
faith settled or made improvements
The Suggestions herein contained can be-
| heve he aioUted without Designating or
calling in question the opinion Of the attorney
general upon the purely legal propositions
which were submitted 10 him
The significance of this case is that it
was first decides by Commissioner Sparks in
| favor of the settler; appealed by the railway
company to the secretary, he referred it to
the attorney general, and his assistant af-
tirmad Spark decision. As this involved a
departure from methods heretofore adopted
III the depar ment, the secretary obtained an
opinion direct from the attorney general,
| which reversed Sparks decision, and this
| opinion Secretary Lamar Immediately APP
| proved. The presidents letter is almost I'M
precedented, and virtually sits down on
| the secretary and attorney general by in
structing that the settler be confirmed In bis
| title to his land